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Human rights protections in drawing inferences from criminal suspects’ silence

Daly, Yvonne Marie orcid logoORCID: 0000-0001-5654-665X, Pivaty, Anna orcid logoORCID: 0000-0003-2386-1017, Marchesi, Diletta orcid logoORCID: 0000-0002-8329-4280 and ter Vrugt, Peggy orcid logoORCID: 0000-0002-0224-9542 (2021) Human rights protections in drawing inferences from criminal suspects’ silence. Human Rights Law Review, 21 . pp. 696-723. ISSN 1461-7781

Abstract
ThisarticleshedscomparativeandcontextuallightonEuropeanandinternationalhuman rights debates around the privilege against self-incrimination and the right to silence. It does so through an examination of adverse inferences from criminal suspect’s silence in three European jurisdictions with differing procedural traditions: Ireland, Italy and the Netherlands. The article highlights the manner in which adverse inferences have come to be drawn at trial in the three jurisdictions, despite the existence of both European and domestic legal protections for the right to silence. It also explores differing approaches to the practical operation of inference-drawing procedures, including threshold requirements, varying evidential uses of silence and procedural safeguards. The authors argue that humanrights’standard-settinginstitutionsoughttoprovideclarityontheconditions under which adverse inferences may be tolerated, including the purpose(s) for which inferences may be used, and the necessary surrounding safeguards.
Metadata
Item Type:Article (Published)
Refereed:Yes
Uncontrolled Keywords:right to silence; privilege against self-incrimination; adverse inferences; procedural rights; Article 6 European Convention on Human Rights; EU Directive on the Presumption of Innocence
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Oxford University Press
Official URL:https://dx.doi.org/10.1093/hrlr/ngab006
Copyright Information:© 2021 The Authors. Open access (CC-BY-NC 4.0)
ID Code:27445
Deposited On:28 Jul 2022 10:10 by Thomas Murtagh . Last Modified 28 Jul 2022 10:10
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